How Is Workplace Discrimination Proven?

Workers, and the general American public, are becoming more aware of discrimination and hate than ever.  This change can be useful because it opens up a conversation about positive changes and allows our country to step up to the occasion.  Unfortunately, it doesn’t change people’s behavior, and some may still practice discrimination or hate.  Companies have to guard for these situations and take as much information to find out what happened.

Here’s how workplace discrimination is proven.

Talk to the Victim

Ask the victim of the discrimination questions about what they experienced.  Don’t lead them through the conversation, or try to get them to say what will protect the company.  They’ll recognize any disingenuous attempts to protect the business and may not react well to it.

Ask what led up to the situation, what happened, and how they reacted to it.  After the victim has told you all of this, try to gather if they know of any witness who saw what happened, and thank them for their time.  

Talk to any Witnesses.

Ask any witnesses what they saw.  Don’t discuss what the victim told you, but answer any questions they may have about the situation otherwise.  If they’re not able to corroborate any part of the story, or they tell you different information, don’t point this out or correct them.  Write that information down so that it can be studied over later.

Talk to the Possible Perpetrator

Ask the accused worker what they think happened.  This event isn’t an episode of CSI, don’t try to lead their answers or crack them into admitting anything because it could get you or the company you work for sued.

Instead, listen to everything they’re willing to say.  Don’t make excuses as valid reasons unless there is no other explanation.  Write down anything they say that sounds concerning to you, or like it might be an answer to the problem of what happened.

Not every person who gets accused has done something, so it’s essential to treat these situations respectfully and get a better view of what happened.

Third-Party Makes Decision

The person who decides what happens mustn’t be part of the situation if no evidence can say one way or the other.  This third party should be someone who works in human resources, has been trained on sensitivity issues, and is capable of empathy and understanding.  It’s essential to have someone without any biases decide so that the company is protected if either party threatens to sue for favoritism or discrimination in these cases.

Suppose there’s nobody available who would be impartial, considering outsourcing to ensure a fair investigation.  This step could mean finding a professional who does economic consulting in Los Angeles to help you pour over the information and find an appropriate decision.

The decision should include a punishment that is as severe as the discrimination merits.  If any employee gets found guilty of these actions more than once, you should heavily consider firing them, since this pattern may not be something you can stop them from doing.